Decision 2039M – Calaveras County Water District

SA-CE-510-M

Decision Date: June 19, 2009

Decision Type: PERB Decision

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Perc Vol: 33
Perc Index: 110

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.04000 – Individual/Concerted/Activities/Self-Representation

Employee engaged in protected activity when she: participated in informational picketing, signed pro-union petitions and dressed in union insignia at work; participated in a "human chain" in support of a new contract, which required drivers to drive through the parking lot between employee "chains"; and signed a petition circulated by the union to remove her supervisor from her duties.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.03000 – Departure from Past Practices or Procedures

No right to union representative was established because no investigatory meeting was scheduled.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.04000 – Timing of Action

Timing element present. The employer issued a negative evaluation within one to two months of employee's protected activity and the termination occurred within approximately three and one-half months of the protected activity.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.06000 – Meritorious or Satisfactory Work Record; Prior Promotion or Wage Increase

No evidence that employee had a consistent, documented history of excellent work prior to receiving a negative evaluation.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.07000 – No reason or Inconsistent Reasons Given; Shifting Justifications

No evidence that employee had a consistent, documented history of excellent work prior to receiving a negative evaluation.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.12000 – Employer Statements or Conduct; Threats

Nexus not established by board member comment that employees would be fired if they went on strike, because board member was not aware of employee's protected activity and had no role in the adverse action.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

Board disregarded new evidence of positive evaluations submitted on appeal as no good cause was shown to accept the new evidence.